A woman was transporting 133 live fish from Poland — they were confiscated at the border and handed over to a children's zoo

The Halytskyi District Court of Lviv found a Ukrainian citizen guilty of violating customs regulations after she imported 133 decorative pond fish (koi carps) from Poland through the “green corridor,” which required written declaration and veterinary control. The court fined her, confiscated the fish, and ordered them to be transferred to the Lviv City Children's Ecological and Naturalistic Center.

Circumstances of the case

The court established that the woman entered Ukraine through the "Krakovets – Korczowa" checkpoint by car after a private trip to Poland. For customs control, she chose the simplified control lane — the "green corridor," thereby effectively confirming that she was not transporting goods subject to written declaration or falling under legal restrictions for importation into Ukraine's customs territory.

During customs control, customs officers became suspicious about the car's contents, after which the vehicle was sent for a thorough inspection. In the trunk, six cardboard boxes with decorative pond fish of various sizes were found. In total, 133 fish were being transported.

The Lviv customs office drew up a protocol under part 3 of article 471 of the Customs Code, which provides liability for failure to declare goods (except currency valuables) subject to legal prohibitions and/or restrictions on importation into or exportation from Ukraine's customs territory.

In court, the defense requested to exempt the woman from administrative liability due to the minor nature of the offense. The lawyer explained that she had not previously transported such fish across the border, was unaware of the need for written declaration and documentation required by the Law "On Veterinary Medicine and Animal Welfare," and that the fish were a gift and transported not for commercial purposes. The defense also questioned the accuracy of the customs description and valuation of the seized goods.

Court decision

The court did not agree with the defense arguments.

The ruling stated that choosing the "green corridor" is a form of declaration by which a citizen declares the absence of goods requiring written declaration or special permits. The court reasoned that the discovered pond fish were subject to written declaration and veterinary control measures required by law and therefore could not be transported through the "green corridor."

Considering the petition to apply article 22 of the Code of Administrative Offenses, the court noted that the fish were discovered only during the thorough customs inspection of the vehicle, not as a result of voluntary notification. Given the nature of the offense, the subject of transportation, and the manner of its commission, the court concluded that there were no grounds to recognize the act as minor.

As a result of the case review, the court fined the woman 5,100 UAH. All 133 decorative koi carps were confiscated. At the same time, the court granted the petition of the director of the Lviv City Children's Ecological and Naturalistic Center and ordered the confiscated fish to be transferred to the permanent zoological exhibition "Children's Zoo" to replenish the animal collection.

In addition to the fine, the court recovered from the offender 804.12 UAH for the storage of the seized fish at the customs warehouse and 665.60 UAH in court fees.

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